Flypaper always catches a thief... DT Lindner exposed

[woodjer]

Quote: Originally Posted by Rudiger

Which is to say they are not protected at all. Look here: http://www.copyright.gov/help/faq/faq-protect.html You could register the names as trademarks to keep others from using them for profit, but you cannot claim copyright to a name or short phrase. Unfortunately, the rosters alone may not be protected because they are in effect a tabulation of factual data that is freely available. So while taking others' rosters may be dishonest and unethical, what they do may not be illegal based on the way most rosters are currently distributed. If you are concerned about it, the site linked above is a starting point that may give you some ideas. For example, packaging the rosters with an original, substantive faq might help, sort of the way a sports almanac or magazine can be copyrighted because it has original work in addition to the compilation of unprotected factual information. ===

Remember, NCAA (the game) rosters are not meant to exactly mirror actual NCAA team rosters, according to EA. Therefore, FK has modified these rosters himself to resemble actual rosters--according to his interpretations, making them his original ideas. True, the actual rosters are available online and the game allows the user to easily modify them to match up but that does not qualify FK's file as "a tabulation of factual data that is freely available."

If FK's rosters were simply the names in a spreadsheet, this would be true but they're not. Besides that, if FK made errors intentionally (which he'd have to prove) and/or created fake players as "keys" (again, he'd have to prove this) those could be considered "original work" which would help qualify these for copyright.

That's my take on it. I'm not about to become FK's lawyer here but I think he's got an argument IF these are his rosters being sold. I also agree with the idea that IF DT stole these files, he's scum and if the other guy (Dave Morris?) is selling these stolen files, he's lower than scum. However, since I don't have PROOF either way, I'm not going to go dragging these guys' names through the mud. I have my OPINION but I'm not going to accuse nor defend anyone simply based on that.

[freezeframe]

WHAT IS NOT PROTECTED BY COPYRIGHT?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

In other words roster files are not protected by copyright

[Kanobi]

Quote:

WHAT IS NOT PROTECTED BY COPYRIGHT?... ...Works consisting entirely of information that is common property and CONTAINING NO original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

I'm assuming that if FDK edits a player's name in error intentionally...as in planting the 12 mistakes...then that would count as "original authorship" or authentication of the roster file, would it not?

I mean, that quote mentions "standard calendars"...as something you can't copyright. However, if you take a standard calendar and add photos of various semi-naked cheerleaders for every month along with their hobbies/interests and then also NAME that calendar..."HOT BOD GIRLS of 2005" ( lol ) or something....then you'd be able to copyright it, correct?

Isn't what FDK did, in order to authenticate his file, the same thing?

Any Lawyers/Law students in the house care to elaborate?

[FAIRDALE_KINGS]

Quote: Originally Posted by Kanobi

I'm assuming that if FDK edits a player's name in error intentionally...as in planting the 12 mistakes...then that would count as "original authorship" or authentication of the roster file, would it not? I mean, that quote mentions "standard calendars"...as something you can't copyright. However, if you take a standard calendar and add photos of various semi-naked cheerleaders for every month along with their hobbies/interests and then also NAME that calendar..."HOT BOD GIRLS of 2005" ( lol ) or something....then you'd be able to copyright it, correct? Isn't what FDK did, in order to authenticate his file, the same thing? Any Lawyers/Law students in the house care to elaborate?

http://www.templetons.com/brad/copymyths.html

Read that post..... with attention to #8.

I am protected by copyright law. No matter what joker thinks otherwise. THE problem does not lie in my legal rights but in the actual reward/benefit that is gained by pursuing a lawsuit.

WHAT is exactly is there to gain..... do I become NCAA Football XBOX editor of the world. Does DT and all the clowns at ebay have to further compensate me and be included in the lawsuit. There is nothing I can do but expose these people for what they are worth.

[ycbs]

Quote: Originally Posted by FAIRDALE_KINGS

http://www.templetons.com/brad/copymyths.html Read that post..... with attention to #8. I am protected by copyright law. No matter what joker thinks otherwise. THE problem does not lie in my legal rights but in the actual reward/benefit that is gained by pursuing a lawsuit. WHAT is exactly is there to gain..... do I become NCAA Football XBOX editor of the world. Does DT and all the clowns at ebay have to further compensate me and be included in the lawsuit. There is nothing I can do but expose these people for what they are worth.

I would also imagine then that EA could just as easily go to you and demand a certain percentage of the donations you receive, since you used their original roster as a base for your roster. Right?

Also, you said you've gotten the FK and Fairdale Kings names copyrighted. Doesn't that just mean someone can't use those names without permission. You did NOT get any rosters copyrighted.

[Rudiger]

Quote: Originally Posted by FAIRDALE_KINGS

Read that post..... with attention to #8. I am protected by copyright law. No matter what joker thinks otherwise.

I am on your side and hope that you can get people to stop distributing your work as their own without resorting to legal action. However, I know you cannot copyright your Fairdale Kings and FKings names (trademark=yes, copyright=no), and I think you are in a grey area with the roster files. If you believe you can claim copyright, the information I linked earlier could give you ideas on how to strengthen your claim.

[wildcatchild]

I am on your side, FK. Even if you are a Louisville fan...kidding!

I hate to see this happen. For starters, I am a budding novelist who actually plans on writing a few sports fiction books in my lifetime, so I know all about having to worry about people borrowing my orginial material...for instance, when I send out "sample" chapters to prospective agents, I always wonder if they would steal my words and turn them into something else and then pawn it off as their own. It's not a good feeling.

What DT Linder has done to FK is despicable, and all I can say is that phonies like this will continue to exist in our beloved world of Enron and Adelphia, Napster and LimeWire, Milly and Vanilly. There's nothing we can do but keep plodding along with our heads held high. I feel what makes Operation Sports so great is the dignity and credibility and insight that many sports fans on this board have. That's why it's my favorite website bar none. I hate to see somebody on my favorite board ripped off like this.

Shame on you, DT. Shame on you.

[freezeframe]

Quote: Originally Posted by ycbs

I would also imagine then that EA could just as easily go to you and demand a certain percentage of the donations you receive, since you used their original roster as a base for your roster. Right? Also, you said you've gotten the FK and Fairdale Kings names copyrighted. Doesn't that just mean someone can't use those names without permission. You did NOT get any rosters copyrighted.

Real good point, After all he did use Ea's roster and "add names" all this roster nonsense every year about people stealing this and that is more drama then a soap opera. Its Public Domain or in the computing world we call that Open Source.